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Decision regarding removal of Article 370 from Jammu and Kashmir today, all eyes fixed on Supreme Court

The Supreme Court will give its verdict today on the constitutional validity of the Centre’s decision to abrogate the controversial Article 370 of the Constitution, on which the entire country is keeping an eye. Meanwhile, leaders of many parties in Jammu and Kashmir are hopeful that the old provision will be restored. BJP’s reaction has come before the decision. The party has said that there should be no politics on the order of the apex court and everyone should respect it. In view of the decision, authorities have made ‘adequate’ security arrangements at the ground level.

National Conference (NC) leader Omar Abdullah said that even in the event of an adverse decision of the apex court on the petitions challenging the abrogation of Article 370, his party will not disturb the peace in Jammu and Kashmir and will continue its legal fight. People’s Democratic Party (PDP) president and former chief minister Mehbooba Mufti said the court’s verdict should make it clear that the decision taken by the BJP-led central government was ‘illegal’. The NC and PDP are part of the ‘People’s Alliance for Gupkar Declaration’ (PAGD), also known as the Gupkar Alliance. It was formed by several parties in Jammu and Kashmir to fight for the restoration of Article 370.

Another former Chief Minister of Jammu and Kashmir Ghulam Nabi Azad expressed hope that the Supreme Court will give its verdict in favor of the people. When Article 370, which gave special status to the erstwhile state of Jammu and Kashmir, was abrogated on August 5, 2019 and it was divided into two union territories, many restrictions were imposed in Jammu and Kashmir and many leaders were detained. Or was put under house arrest. Despite apprehensions expressed by many parties about the outcome of the incident, Union Home Minister Amit Shah had insisted that ‘not even a drop of blood was shed’ during this crucial period.

Abrogation of Article 370 was one of the main issues on the BJP’s agenda and was consistently included in its election manifesto. Abdullah said on Sunday that his party will continue to fight peacefully in accordance with the Constitution to restore the rights of the people of Jammu and Kashmir. Omar said that the Supreme Court has to give its decision. Let the verdict be given. If we had to worsen the situation, we would have done so only after 2019. However, we had said then and repeat now that our fight will be in a peaceful manner in accordance with the Constitution. We are taking the help of the Constitution and law to protect our rights and safeguard our identity.

Abdullah alleged at a party conference in Rafiabad in Baramulla district that the police had been calling National Conference leaders to police stations since Saturday night and ‘threatening’ them. He said that the Supreme Court has not yet given any decision. How do you know what the verdict is? Maybe it’s in our favor! Then what is the need to call my party colleagues to the police station… Allah willing, if the decision goes against them (BJP), and if they start writing against it on Facebook, what will you do?”

Ghulam Nabi Azad said, I have said this earlier also… there are only two (institutions) which can return Article 370 and 35A to the people of Jammu and Kashmir and these institutions are Parliament and the Supreme Court. The Supreme Court bench is impartial and we hope that it will give its verdict in favor of the people of Jammu and Kashmir. Azad, who founded the Democratic Progressive Azad Party (DPAP) after parting ways with the Congress, said he did not think Parliament would overturn the decisions taken on August 5, 2019 as it would require a two-thirds majority in the Lok Sabha.

He said, to bring back Article 370 and Article 35A, 350 seats will be required (in the Lok Sabha). In Jammu and Kashmir, any regional party can get three, four or maximum five seats. These will not be enough. I don’t think the opposition will be able to muster such numbers. (Prime Minister Narendra) Modi ji has the majority, but he did not do this. Therefore, only the Supreme Court can do this. BJP’s Jammu and Kashmir unit chief Ravinder Raina said that the top court has heard both the sides through a transparent process. Raina said, we are confident that after the decision of the apex court, this will no longer be a political issue. Whatever decision the Supreme Court takes, everyone should respect and accept it.

Mehbooba Mufti said that it is the responsibility of the apex court to ensure that it does not advance the agenda of the Bharatiya Janata Party (BJP), but maintains the integrity of the country and its Constitution. He said, I think the decision should be simple that whatever was done on August 5, 2019 was illegal, unconstitutional, against the promises made to Jammu and Kashmir and its people. In view of the court’s verdict, adequate security arrangements have been made to ensure a peaceful environment in Kashmir. A senior police officer gave this information on Sunday.

Kashmir Zone Inspector General of Police (IGP) VK Birdi said, it is our duty to ensure that peace is maintained in the valley under all circumstances. On August 5, 2019, the central government abrogated Article 370 of the Constitution, which gave special status to Jammu and Kashmir, and divided the state into two union territories – Jammu and Kashmir and Ladakh. The court will give its verdict on Monday on the petitions challenging this decision of the government.

A bench of five judges had reserved its decision in the case on September 5. The IGP said, we are taking all precautions and we will ensure that peace is not disturbed in Kashmir. Asked whether the order imposing section 144 of the Code of Criminal Procedure (CrPC) on misuse of social media is related to the anticipated judgment of the Supreme Court, he said there have been several incidents of some elements trying to instigate people . Birdi said, recently many such posts have been shared in which an attempt has been made to provoke people. Action has been taken against such elements in the past and will be taken in future too.

Authorities have issued guidelines for social media users under Section 144 of CrPC to prevent the spread of content that is communally sensitive or promotes terrorism and separatism. According to the cause list of December 11 (Monday) uploaded on the apex court website, a five-judge Constitution bench headed by Chief Justice DY Chandrachud will deliver the verdict. Other members of the bench are Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice BR Gavai and Justice Surya Kant. The first petition challenging the President’s order to abrogate the provisions of Article 370 was filed by lawyer ML Sharma, who was later joined by another lawyer from Jammu and Kashmir, Shakir Shabbir. The National Conference had filed a petition on 10 August. After this many other petitions were filed.

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